Shambhu Sharan Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

Shambhu Sharan Vs State of Chhattisgarh — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition dismissed as withdrawn with liberty to file a duly constituted petition; costs of Rs. 2000/- to be deposited in the account of Boys Observation Home, Durg, Dist- Durg (CG) within 7 days with receipt furnished to the registry; certified copies to be returned after retaining attested true copies.

Issue for consideration

Whether the FIR No. 0407/2024 registered at P.S. Bhilai Nagar dated 12/10/2024 under Sections 115(2), 296, 3(5), 351(2) of B.N.S. against the petitioners ought to be quashed.

Ratio / Principle

The Court observed that the quashing prayer was defective because it did not mention the date of registration of the FIR, nor the offences, the police station, or the district.

Key takeaways

The petition was dismissed as withdrawn with liberty to file a duly constituted petition, subject to payment of costs of Rs. 2000/- to be deposited in the account of Boys Observation Home, Durg within 7 days, with receipt to be furnished to the registry.ratio¶26
Registry directed to return the certified copy of documents after retaining attested true copy of the same.obiter¶27

Detailed headnote1 paragraphs

Criminal Miscellaneous Petition (CRMP No. 193 of 2025) filed under Section 528 of B.N.S.S., 2023 by three accused persons seeking quashment of FIR No. 0407/2024, P.S. Bhilai Nagar, dated 12/10/2024, registered for offences punishable under Sections 115(2), 296, 3(5) and 351(2) of B.N.S. At hearing the Court found the prayer defective for failure to disclose the date of FIR registration, the offences, the police station and the district. On the petitioner's request the petition was dismissed as withdrawn with liberty to file a duly constituted petition, subject to costs of Rs. 2,000/- payable to the Boys Observation Home, Durg within seven days and receipt thereof to be furnished to the registry; registry directed to return certified documents retaining attested true copies. Decided 17.01.2025 by Ramesh Sinha, Chief Justice (Order on Board), with Ravindra Kumar Agrawal, Judge, concurring in the signature block. No merits adjudicated; no precedent discussed.

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2025:CGHC:2990-DB

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

CRMP No. 193 of 2025

1 - Shambhu Sharan S/o Shri J. B. Singh Aged About 52 Years R/o Shop No. 43, A Market, Hudco Sector, Bhilai Durg C.G.

2 - Vibha Sharan W/o Shambhu Sharan Aged About 50 Years R/o Shop No. 43, A Market, Hudco Sector, Bhilai Durg C.G.

3 - Shubham Sharan S/o Shambhu Sharan Aged About 28 Years R/o Shop No. 43, A Market, Hudco Sector, Bhilai Durg CG.

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Secretary, Home Department Mahanadi Bhawan New Raipur, Raipur, C.G.

2 - Supreintendent Of Police District Durg, S.P. Office, Collectorate, Durg, C.G.

3 - Town Inspector Thana Bhilai Nagar Bhilai Durg C.G.

4 - Rupak Dutta S/o Late Shri Subhash Dutta Aged About 53 Years R/o M.I.G. 1, 564, Hudco Sector Bhilai Durg C.G.

5 - Mou Dutta W/o Rupak Dutta Aged About 50 Years R/o M.I.G. 1, 564, Hudco Sector Bhilai Durg C.G.

... Respondent(s)

For Petitioner(s) : Mr. T.K. Tiwari, Advocate For Respondent(s) : Mr. Shailendra Sharma, P.L.

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Hon'ble Mr. Ramesh Sinha, Chief Justice Hon'ble Mr. Ravindra Kumar Agrawal, Judge Order on Board

Per Ramesh Sinha, Chief Justice

17.01.2025

The present CrMP has been filed by the petitioner under Section 528 of B.N.S.S., 2023 seeking quashment of FIR bearing number 0407/2024 registered at P.S. Bhilai Nagar dated 12/10/2024 for the offence under Section 115(2), 296, 3(5), 351(2) of B.N.S. with the following prayers:-

“ It is therefore, humbly prayed that the Hon’ble Court may be pleased to order as to quash the FIR (Annexure P/1) registered against the petitioners, by allowing this petition in ends of justice.”

At the time of hearing, this Court has observed that the prayer which has been made in the present petition is defective one as there is no mention of the date on which the FIR has been registered nor the offences or the Police Station or the District has been mentioned.

In view of the above, the learned counsel for the petitioner seeks permission to withdraw the present petition with the liberty to file a duly constituted petition.

Accordingly, the present petition is dismissed as withdrawn with the aforesaid liberty with a cost of Rs. 2000/- to be deposited in the account of Boys Observation Home, Durg, Dist- Durg (CG) within 7 days from today and furnish the receipt of the same before the registry of this Court.

Registry is directed to return back the certified copy of documents after retaining attested true copy of the same.

Sd/-	Sd/-
(Ravindra Kumar Agrawal)	(Ramesh Sinha)
Judge	Chief Justice

Sagrika